Islamic Jurisprudence 1 By: Ayyaz Ahmed Khan Sial

Taqlid: Following a Mujtahid

Definition of Taqleed
Literal: Taqleed is a verbal noun of the root Qa' 'la' 'da in the second form. The
verb Qalada means to place, to restrain or to garnish with a necklace. When used in conjunction
with human beings, it refers to the wearing of a necklace, pendant or any other such similar
ornament.
Technical: The acceptance of a statement of another without demanding proof or evidence on
the belief that the statement is being made in accordance with fact and proof, is called Taqleed,
or, for the purist, Taqleed-ush-shakhsi.
Taqlid means acting according to the verdict of a mujtahid. Taqld shifts the responsibility of
finding the religious ruling from the person performing taqlid to the mujtahid.

Taqlid is one of the ways of finding a religious ruling, like ijtihad. Except that ijtihad is a direct
way and taqld is an indirect way, because one reaches the religious ruling from the ijtihad of
another.
Reason for Taqleed:
When we talk of the closure of the door of Ijtihad, we refer to the Ijtihad of the first kind, i.e.
Independent Ijtihad. As to the other kinds of Ijtehad have remained open. The reason of closure of
independent Ijtehad is that it was God Almighty who inspired the scholars to close the door of
Ijtihad to safeguard Islam and protect the religion from disintegration, so Taqlid s the only way to
achieve the same.
Proof of taqlid from Quraan:
The basis for Taqleed is a Quranic command.
"And, ask the People of Knowledge if you do not know."
O you, who believe!, Obey Allah, and obey the Messenger and those of you who are in
authority; and if you have a dispute concerning any matter, refer it to Allah and His Messenger if
you believe in Allah and the Last Day; that is best and more suitable to the end.
Thus the general principle of Taqleed is enshrined in the Quraan Majeed. Denial of this principle
is, therefore, an act of kufr which expels the denier from the fold of Islam.
Aswad bin Yazid narrates, "Mu'aath came to us in Yemen as a teacher and commander. We
questioned him regarding a man who had died leaving (as his heirs) a brother and sister. He
decreed half the estate for the daughter and half for the sister. This was while the
Rasulullah sallallahu alaihe wasallam was alive."[KitaaBukhari and Muslim Shareef]
It will be realized from this Hadith Shareef that Taqleed was in practice during the time of the
Prophet sallallahu alaihe wasallam. The questioner (in the Hadith) did not demand proof or basis
for the decree. He accepted the ruling, relying on the integrity, piety and up-righteousness of
Hazrat Mu,aath radiyallahu anhu. This is precisely Taqleed.
These Ahaadith indicate that Taqleed-us-Shakhsi is not a new concept which can refuted. Its
existence is from the very epoch of Khairul Qurun (the three eras adjacent to the age of
Rasulullah sallallahu alaihe wasallam is an established fact).
Islamic Jurisprudence 2 By: Ayyaz Ahmed Khan Sial

Taqleed in General
The faculty of Taqleed is inherently existent in us. If we had refrained from the Taqleed of our
parents and teachers then today we would have been deprived of even the basic and preliminary
needs of humanity. By nature man is endowed with the ability to imitate and follow others. If this
was not the case, we would not have been able to learn our home language.
If the fundamentals and technical terminology of every branch of knowledge was not acquired on
the basis of Taqleed, i.e. without questioning the authority of the masters, then the proficiency in
such knowledge could not have been attained.
Evils of Discarding Taqleed
It is established by observation and experience that in this age most people are governed by
selfishness, senister motives, lust, insincerity, mischief, strife, anarchy, opposition to the
consensus of the Ahdul-Haq, and subjection (selflessness) of the Deen to desire. The Ulama are
well aware of this. It is for this reason (mentioned traits) that in the absence of Taqleed-us-
Shakhsi, great harm, mischief, disruption and corruption will reign in the Deen. One of the
destructive evils which will raise its head in the absence of Taqleed-us-Shakhsi is self-
appointed Mujtahids. Some persons will consider themselves to be Mujtahids and embark on
the process of Qiyas (Shari analogical reasoning) and they will consider themselves to be of
equal or greater rank than the illustrious Mujtahideen of the early ages of Islam. Thus, he will
submit the Deen to the dictates of the nafs. We seek Allahs protection from such deviation.
Taqleed Restricted To The Four Madhaahib
There are numerous Mujtahideen. It may therefore be argued that Taqleed of any Mujtahid should
suffice. What is the reason for restricting Taqleed to the four Madhaahib (schools)?
It was realised from the exposition of the wujub of Taqleed that adoption of different verdicts
leads to anarchy. It is therefore imperative to make Taqleed of a Madhab which has been so
formulated and arranged in regard to principles (Usul) and details (Furu) that answers to all
questions could be obtained either in specific form or in deducted form based on principles,
thereby obviating the need to refer to an external source. This all-embracing quality by an act of
Allah Taaala is found existing in only the four Madhaa'hib. It is therefore imperative to adopt
one of the four Madhaa'hib. This has been the accepted practice coming down the ages from the
early times in an unbroken chain of transmission, from generation to generation.
The emphasis on this aspect of Taqleed is so profound that certain Ulama have restricted
the Ahle-Sunnah wal jama within the confines of the four Madhaa'hib.
Why Is It Necessary To Make Taqleed Of Only One Imaan (Taqleed-us-
Shakhsi).
What is wrong if one masala is taken from one Imaam and another from another Imaam, as was
done in the time of the Sahaabah radiyallahu anhum and Tabeien. In those times the whole
Madhab was not confined to one person. The answer is that in those times good was prevalent.
Generally the lowly desires did not have any matters in the matters of Deen. Whoever used to
refer to any of his elders regarding any masala, used to do so sincerely and he also used to act
upon the verdict given to him whether it be to his benefit and desires or not. Later sincerity to that
degree and piety did not remain amongst the people. Such urge was present in people to ask one
Islamic Jurisprudence 3 By: Ayyaz Ahmed Khan Sial
Aalim a masala, if it did not suit them, then they referred that masala to another Aalim until they
found a verdict that suited their desires. He is following his desires, and the Shariah has
prohibited us from following our desires. Its result is going astray from the path of Allah Taala.
Allah Taala says in Surah Hud Ayaat 26:
And do not follow your desires (in future too) for it will lead you astray from the path of Allah.
Therefore it is Necessary to make Taqleed of one Imaam only.
It is for this reason that the Quraan-e-Kareem has commended adherence towards Allah
(repeatedly). Allah Ta'aala says:
"And follow the way of that person that person who turns towards me."
Generally someone feels according to his strong presumption that Imaam Abu
Hanifa Rahmatullahi alaihe is most probably correct and munib (has the quality of ibaadat), that
is, his Ijtihaad conforms more with the Qur'aan and Hadith. That is why he has opted to make
Taqleed of Imaam Abu Hanifa Rahmatullahi alaihe. Another person has this strong feeling that
Imaam Maalik Rahmatullahi alaihe ijtihaad conforms with the Quraan and Hadith, therefore, he
makes Taqleed of Imaam MaalikRahmatullahi alaihe. Someone has this feeling regarding Imaam
Shaaf'i Rahmatullahi alaihe ijtihaad, that is why he makes Imaam Shaaf'i Rahmatullahi
alaihe taqleed and someone for this very reason makes taqleed of Imaam Ahmed bin Hanbal
Rahmatullahi alaihe.
Talfeeq And Changing Madhabs Is Not Permissible
It is not permissible to leave taqleed made upon one Imaam and follow another Imaam when one
wishes. When this is done without permission from the Shariah it leads to talfeeq, it also causes
one to follow ones desires resulting in going far away from the truth and being led astray.
Conclusion:
Since every teaching of the four Madhabs is the Quraan and the Sunnah, deviation therefrom is
to deviate from the Sunnah. Those who deviate from the Sunnah are destined for Jahannum
according to the explicit pronouncement of Rasulullah sallallahu alaihe wasallam who said:
"Bani Israael split into seventy-two sects. My Ummat will split into seventy-three sects. All of
which, save one, will be in the fire"
When he was asked regarding the sects which will be saved from the fire Rasulullah sallallahu
alaihe wasallam said:
"That path on which I and my Sahaabah are."
Salvation (Najaat) in the hereafter (Aakhirah) therefore depends on donning the mantle of
Taqleed. We should strive to ensure our safety from the ingeniously subtle designs of Shaitaan to
drag us with him into eternal punishment.